The Case AGAINST Federal Criminal Sentencing Reform
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Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Chief Counsel, Constitutional Accountability Center
Brianne is Constitutional Accountability Center’s Chief Counsel. Brianne joined CAC from private practice at O'Melveny & Myers (OMM), where she was Counsel in the firm’s Supreme Court and appellate practice. From 2009-11, prior to joining OMM, Brianne was an Attorney-Adviser in the Office of Legal Counsel at the U.S. Department of Justice. She also served as a law clerk for Justice Stephen Breyer on the U.S. Supreme Court, a law clerk for Judge Robert A. Katzmann on the U.S. Court of Appeals for the Second Circuit, and a law clerk for Judge Jed S. Rakoff on the U.S. District Court for the Southern District of New York. Brianne’s academic writings have appeared in the Yale Law Journal, the Duke Law Journal, the Northwestern University Law Review, the Washington Law Review, the American University Law Review, and the Yale Law & Policy Review. Brianne received her J.D. from Yale Law School and her M.A./B.S. from Emory University. Her master's thesis in political science examined judicial behavior on the U.S. Supreme Court.
Professor of Law; Director, Business Law Program, American University Washington College of Law
David V. Snyder is professor of law at the American University Washington College of Law and is the director of the Business Law Program. He was also a visiting professor of law at the University of Michigan from January to May 2024. He has been a regular visiting professor at the law school of the University of Paris II (Panthéon-Assas) since 2012, and during 2021-2022, he held a Fernand Braudel Senior Fellowship at the European University Institute (Florence). In 2014, he was awarded a McCormick Fellowship, during which he delivered the Wilson Memorial Lecture (University of Edinburgh).
Professor Snyder’s research and teaching interests are primarily in contracts and commercial law, including their U.S., international, and comparative aspects. He is known for his work on international commercial transactions and is the author (with Martin Davies) of International Transactions in Goods: Global Sales in Comparative Context (Oxford University Press 2014). More particularly, he has devoted considerable effort to using contracts to protect the environment and the human rights of workers in international supply chains, and his book (with Susan A. Maslow) Contracts for Responsible and Sustainable Supply Chains (American Bar Association 2023) includes the Model Contract Clauses produced by a working group and task force that he chairs for the ABA Business Law Section. He is also co-chair of a similar working group in Europe. He has published numerous journal articles and book chapters on these and other topics
A Louisiana native, Professor Snyder graduated summa cum laude from Tulane Law School after earning his undergraduate degree cum laude from Yale. He clerked for the Honorable John M. Duhé Jr. of the United States Court of Appeals for the Fifth Circuit and subsequently joined the D.C. firm of Hogan & Hartson (now Hogan Lovells). He began his academic career at Cleveland-Marshall College at Law Cleveland State University and then moved to Indiana University (Bloomington) before joining the faculty at Tulane Law School. He returned to Washington to accept his current appointment in 2006. In addition, Professor Snyder has served as a visiting professor at the University of Paris 10 (Nanterre La Défense), Boston University, and the College of William and Mary, and he has taught summer courses at the University of Mainz (Germany).
Professor Snyder was chair of the Section on Contracts of the Association of American Law Schools (2005-2006) and chaired the Washington steering committee for the XVIIIth International Congress of Comparative Law (2010). He is an elected member of the American Law Institute, a titular member of the International Academy of Comparative Law, and has served on the board of directors of the Washington Foreign Law Society, the board of editors of the American Journal of Comparative Law, and the scientific council of the French Journal of Legal Policy
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
University of Southern California, Gould School of Law
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Attorney General, South Carolina
Alan Wilson was elected South Carolina’s Fifty-First Attorney General on November 2, 2010, and took office on January 12, 2011, becoming the nation’s youngest Attorney General.
This marks his third stint in the office. Previously, he served as a prosecution division intern under Charlie Condon and as an Assistant Attorney General under Henry McMaster.
As South Carolina’s Attorney General, Wilson is the state’s chief prosecutor, chief securities officer, and the state’s chief legal counsel. The office is comprised of more than two hundred employees and nearly seventy-five attorneys who manage nearly 8,000 active case files.
Wilson has focused on keeping our families safe and defending the Constitution.
He has assembled an unprecedented coalition consisting of the Attorney General’s office, the State Law Enforcement Division, every sheriff, the Police Chief’s Association, and all 16 solicitors. Together, they are actively advancing legislative priorities to ensure South Carolina is the safest place to live, work, and raise a family.
As Attorney General, Wilson has defended the Constitution and the laws of this state even if it means challenging the federal government. He has protected South Carolina’s right-to-work; helped lead the 26-state challenge to the federal health care mandate; and successfully safeguarded South Carolina’s voter identification and immigration laws in court.
Today, he is actively engaged in state and federal litigation to provide safe harbor to South Carolina’s ports, shield the state’s energy interests at Yucca Mountain, as well as a constitutional challenge of Dodd-Frank.
Prior to his election, Wilson served as an Assistant Solicitor and as an Assistant Attorney General before entering private practice with the Columbia firm of Willoughby & Hoefer, P.A. He began his legal career working for the late Judge Marc H. Westbrook.
Growing up, public service was paramount in the Wilson house. Alan and his three brothers have all achieved the rank of Eagle Scout. All four presently serve our nation in uniform.
Wilson joined the National Guard immediately after graduating from college. He was called to serve in Iraq where he led troops through enemy fire and earned the Combat Action Badge. Today, he continues his military service by providing legal support for soldiers and assisting in the prosecution of military crimes as a Lt. Colonel in the Judge Advocate General Corps.
He is a graduate of Francis Marion University and the University of South Carolina School of Law. Wilson and his wife, Jennifer, have two young children, Michael and Anna Grace.
Research Fellow, Hoover Institution, Stanford University
Peter M. Robinson is a research fellow at the Hoover Institution, where he writes about business and politics, edits Hoover's quarterly journal, the Hoover Digest, and hosts Hoover's vidcast program, Uncommon Knowledge™.
Robinson is also the author of three books: How Ronald Reagan Changed My Life (Regan Books, 2003); It's My Party: A Republican's Messy Love Affair with the GOP, (Warner Books, 2000); and the best-selling business book Snapshots from Hell: The Making of an MBA (Warner Books, 1994; still available in paperback).
In 1979, he graduated summa cum laude from Dartmouth College, where he majored in English. He went on to study politics, philosophy, and economics at Oxford University, from which he graduated in 1982.
Robinson spent six years in the White House, serving from 1982 to 1983 as chief speechwriter to Vice President George Bush and from 1983 to 1988 as special assistant and speechwriter to President Ronald Reagan. He wrote the historic Berlin Wall address in which President Reagan called on General Secretary Mikhail Gorbachev to "tear down this wall!"
After the White House, Robinson attended the Stanford University Graduate School of Business. (The journal he kept formed the basis for Snapshots from Hell.) He graduated with an MBA in 1990.
Robinson then spent a year in New York City with Fox Television, reporting to the owner of the company, Rupert Murdoch. He spent a second year in Washington, D.C., with the Securities and Exchange Commission, where he served as the director of the Office of Public Affairs, Policy Evaluation, and Research. Robinson joined the Hoover Institution in 1993.
The author of numerous essays and interviews, Robinson has published in the New York Times, Red Herring, andForbes ASAP, the Wall Street Journal, and National Review Online. He is the editor of Can Congress Be Fixed?: Five Essays on Congressional Reform (Hoover Institution Press, 1995).
In 2005, Robinson was elected to serve as a Trustee of Dartmouth College.
Robinson lives in northern California with his wife, their children and their dog, Crusoe.
The Ethics and Justice Center
Prof. Jack Kress
Director, Ethics and Justice Center
Jack Kress has published more than 15 books and 70 articles on various issues of justice and ethics. He is perhaps best known for his early work co-originating the very concept of sentencing guidelines and directing the research projects that developed and implemented the first sentencing guidelines systems in America; he has been called the "father of sentencing guidelines" by ABC News. He helped establish the sentencing guidelines systems now in place in more than half the states, and also worked with Congress and the Department of Justice in first bringing the United States Sentencing Commission into existence. An elected life member of the American Law Institute, Professor Kress lectures broadly on criminal justice and sentencing reform; he is presently consulting with the ALI's Reporter in revising the Model Penal Code's sentencing provisions.
Professor Jack Kress holds degrees from Columbia University and Cambridge University; he has been tenured and taught at several law and other graduate schools. A former Manhattan Assistant District Attorney, his more recent work has been in ethics and bioethics.
In 1990, Professor Kress was named Special Counsel for Ethics and Designated Agency Ethics Official for the United States Department of Health and Human Services, where he worked with the Office of White House Counsel and the U. S. Office of Government Ethics in formulating the federal government's ethics policies; he concurrently directed the largest federal ethics and bioethics program, encompassing all components of HHS, including the National Institutes of Health, the Food and Drug Administration, and the Center for Medicare and Medicaid Services. In 2001, Jack Kress was selected as the first Executive Director of the HHS Advisory Committee on Organ Transplantation, and led that group in promulgating and implementing more than forty recommendations for reform in America’s donation and transplantation system, including the establishment of the national breakthrough collaborative. From 2004-2009, Professor Kress was a core faculty member of the Alden March Bioethics Institute at Albany Medical College. His most recent peer-reviewed article was published in the prestigious American Journal of Transplantation. He presently directs the Ethics and Justice Center in Saratoga Springs, New York. See www.ethicsandjustice.org
Professor of Law and Assistant Director, Criminal Justice Center, University of Florida Levin College of Law
Professor Stinneford teaches and writes about legal ethics, criminal law, criminal procedure, and constitutional law. His work has been cited by the United States Supreme Court, several state supreme courts and federal courts of appeal, and numerous scholars. It has published in numerous scholarly journals including the Georgetown Law Journal, the Northwestern University Law Review, the Virginia Law Review, the Notre Dame Law Review, and the William & Mary Law Review. The Stanford-Yale Junior faculty forum selected one of his articles as the best paper in the category of Constitutional History, and the AALS Criminal Justice Section named another article as the best paper in its Junior Scholars Paper Competition. In the fall of 2015, he was a Visiting Scholar at the Georgetown Law Center, Center for the Constitution.
Before joining the Florida faculty in 2009, Stinneford clerked for the Hon. James Moran of the United States District Court for the Northern District of Illinois, served as an Assistant United States Attorney, and practiced law with Winston & Strawn in Chicago. Stinneford teaches first-year courses in Criminal Law and Constitutional Law, and upper-level courses in Professional Responsibility, Criminal Procedure, Federal Criminal Law, Law & Literature, and White Collar Crime.